1,670. Appraising Investment and Improvement

Hilchos Ishus 23:9

Let’s say that a woman inherited money in a faraway place and her husband spent money getting it or retrieving it from the one holding onto it. If he used the money to buy real estate and took the proceeds in exchange, then again whatever he spent was spent and whatever benefit he enjoyed was enjoyed (i.e., no adjustments are made). However, if a man incurred expenses for the sake of his wife’s property and he derived no benefit, or less benefit than the measure outlined in halacha 23:8, then we evaluate the improvement to her property and the extent of his outlay. If the improvement exceeds his outlay, then the husband must take an oath while holding a holy item saying how much he spent, after which he is reimbursed for his expenses. If the improvement is less than the outlay, then he only receives – upon taking an oath – however much is justified by the improvement.

Hilchos Ishus 23:10

The above applies when a man divorces his wife. In a case where she acts spitefully towards him, then even if he enjoyed much benefit, that benefit is appraised and subtracted from the amount that he invested, which he receives after taking an oath. This is because he didn’t incur expenses on his wife’s property so that she could take his investment and walk out on him. Similarly, if a man invests in property belonging to a wife who is a minor and she unilaterally dissolves the marriage through refusal (mi'un), then we appraise the amount of his benefit, his expenses, and the property’s improvement; he is then paid the amount that would be given to a sharecropper. He is given this option because he had the prerogative to work his wife’s property.